Los Angeles daily herald., 1887-07-23
DAILY HERALD.
TRIAL OF BODKIN.
Proceedings Before Judge
Cheney Yesterday.
PROSECUTION NEARLY CLOSED.
Testimony as to the Circumstances
Which Led to the Kill
ing Of Elan.

ing Of Elan.
The trial of John j. Bodkin, charged
with the killing of Lucius Elan, was
resumed yesterday morning before
Judge Cheney and jury. A. T.
williams was the first witness called,
and he testified as follows: Knew
Elxm and saw him during his last i'll
ness. While there, heard him say,
81 forgive my destroyer" On the day
Elan was shot he made an ante-mor-
tenn statement to DIR. Siebiner, which
the latter wrote down. The next day
he was asked if he desired to change
the statement, and he replied that he
did not, Was a witness at the prelim-
mary examination, but cannot remem-
her whether or not l was witness be-
fore the Coroner. lam not a practical
witness. Recollect meeting Alex. Mont
yo,nery at Santa Ana and telling him
that Elam told me he went out to
stake a COW, and somebody stepped
INT and shot him. When Montgomery
asked me what thought of that story
1 told him did not believe it; that |
did not think Elam was in his right
mind. =,
ID. Pixly was next called, and
testified as follows: Was at
Elam's house the day he was
shot and took the acknowledgment
to the deed whereby Elan gave his
property to his sister. Saw written
statement made by Elam, which he
swore to before me. He took the fol-
lowing oath: "Do you solemnly
swear that the statements herein
made are the truth, the whole truth,
and nothing but the truth, so help your
God?' don't know whether Elan
knew what the paper contained, as l
did not read the contents to him.
AFTERNOON SESSION.
At 2 O'Clock Court reconvened and
the taking Of testimony was con-
finued.
Mrs. Howard was the first witness
cdle1. She was asked to state what
the deceased said relative to the
trouble which led to the shooting.
The defense objected on the ground
that proper foundation had not been
laid. The Court overruled the OBJ
lection and decided that a proper foun-
dation had been laid for the admis-
sion of dying statement. The wit
ness stated that on the fatal day he
went over to Bodkin's house and COM
planned of the annoyance caused by
the latter's boy. Bodkin told him
that he couldn't help it, and drew
revolver and pointed it at
Elan. Elam begged him not to
shoot but he did and Elam Immediately
fell. Mr.. Bodkin then came out and
said, "there, now, you have received
what you long deserved" In response
to q question from the defense the wit
ness could not say to whom she mar
nlted the story of the shooting. We
talked about the case constantly
BY 1--WE" | mean all our friends and
neighbors. | talked about it to Mr..
and Mrs. Jessen, Mr.. and Mrs. Kent
and to the members of my own fami-
ly, in fact | conversed about it all the
time to all the neighbors. | did not
testify before the preliminary examin-
alton. knew it was being held but
did not go. l did not testify before
the Coroner because / was not called.
don't know whether communicated
the facts OF the case to the prosecuting
attorney-Oh, yes, l did tell him
about it on May LIST. The deceased
and myself were on the best of terms.
Mr.. Elam did not tell me that he
threatened to thrash Bodkin's chill
dren. He did not tell me that he told
Bodkin that it was his last chance and
sprang at him, and in doing this was
shot. He did not tell me that Bod
kin wanted him to cross the ditch and
20 into his (Bodkin's) yard. He did
not say that Bodkin assisted him
into the house after he was shot. He
was shot on the line of Bodkin's s land. u
The witness was then withdrawn.
j. w. Miller was then recalled and
testified as follows: The first time af-
ter the shooting when saw Elan he
told me that he had no hope of recov-
cry. Elam said that he felt from the
iir,t that the wound was fatal. He
told me that Mr.. Bodkin had shot him.
He said he was going along the road
and Mr.. Bodkin's boy gave him some
very vile talk. He threatened to
thrash the boy. The child ran to the
house and / also started to see Mr..
Bodkin. / saw him coming and /
waited for him. He came up and
Elam asked him to make the boy stop
such conduct. Bodkin asked: "What
are you going to do about it?" Elan
asked him not to shoot, but Bodkin
mined his pistol at his breast and
fired. Elam then fell. The next
morning | found Elam's hat lying on
the west bank OF the ditch within
fsur feet OF the ditch. | picked it up
and took it to Mr.. Elam's house. A
plank about foot wide and twelve
feet in length has to be crossed to
reach Mr.. Bodkin's house. The ground
nt the end of the plank is slanting.
subsequently | heard Elam make
statements as to how the shoot
ing occurred. Mr.. Elam never
stated that he had called Bod
kin's boy vile names in the
1sescnce Of Mrs. Bodkin. He did not
tell me that he rushed at Bodkin
across the ditch saying that he had a
chance which he had been waiting for
y'annut say that Bodkin and deceased
were ON bad terms. knew deceased
since 1869 in Iowa. Elam came tt
this State three years before he died
/ had not seen him for fifteen years
1 called upon him frequently up to tho
time he was killed. was witnes,
bctorc Justice Freeman at Santa An;
xl,an the preliminary examination
r'ss held. / don't remember maxim;
q statement then that Elam did no
felI me when and where the shootinl
fOok place" The witness became con
1isierabIy muddled at this point ant
oouId not explain why his testimon.
- the preliminary examination an'
"a testimony as above does not agree
8e believed that he was not aske'
vherc the shooting took place. di'